On October 25, 2023, Law No. 138 of September 26, 2023, Introducing the Crimes of Nautical Homicide and Nautical Personal Injury, entered into effect in Italy.
General Context
During recent years, Italy has seen a sharp spike in nautical-related collisions and stranding of vessels. A Genoa-based consulting company specializing in pleasure and commercial boating has reported that in 2020 there were a total of 131 nautical collisions in the country, up from 95 in 2017 and 102 in 2019. The report states that a reason for these high numbers is related to the COVID pandemic, as the summer season in 2020 was very short, causing increased use of nautical vessels in narrow watercourses.
In this context, the Italian legislature passed the new law, which establishes higher penalties for those who, through their negligence or irresponsible behavior, put the lives of others at risk.
Crime of Nautical Homicide
Law No. 138 punishes with imprisonment for two to seven years anyone who negligently causes the death of a person by violating the rules governing maritime or inland navigation. (Law No. 138, art. 1(1), replacing article 589-bis, paragraph 1, of the Criminal Code.) In addition, anyone, driving a motor vehicle or a pleasure boat in a state of alcoholic intoxication or psychophysical alteration resulting from the intake of narcotic or psychotropic substances and who causes the death of a person through negligence is punishable by imprisonment for eight to 12 years. (Law No. 138, art. 1(1), replacing article 589-bis, paragraph 2, of the Criminal Code.) The same penalty applies to the driver of a pleasure boat who, in a state of alcoholic intoxication, causes the death of a person through negligence. (Law No. 138, art. 1(1), replacing article 589-bis, paragraph 3, of the Criminal Code.)
Furthermore, anyone who, while driving a pleasure boat in a state of alcoholic intoxication, causes the death of a person through negligence is punishable by imprisonment for five to 10 years. (Law No. 138, art. 1(1), replacing article 589-bis, paragraph 4, of the Criminal Code.) The penalty is increased if the act is committed by a person without a required or with a suspended or revoked boating license, or if the recreational vessel is the property of the perpetrator of the crime and does not have mandatory insurance. (Law No. 138, art. 1(1), replacing article 589-bis, paragraph 6, of the Criminal Code.)
If the driver of the recreational vessel causes the deaths or injuries of more than one person, the penalty applied is that which should be imposed for the most serious of the violations committed increased up to three times, but the sentence cannot exceed 18 years. (Law No. 138, art. 1(1), replacing article 589-bis, paragraph 8, of the Criminal Code.)
Crime of Nautical Manslaughter
The crime of nautical manslaughter applies if the driver immediately stopped, made every effort to provide or activate assistance, and immediately made themselves available to the police authorities. (Law No. 138, art. 2(1), replacing article 380, paragraph 2(m-quater), of the Criminal Procedure Code.)
Crime of Causing Serious or Very Serious Boating Injuries
In addition, anyone who through negligence causes personal injury to others by violating the rules governing maritime or inland navigation is punishable by imprisonment for 3 months to one year for serious injuries and one to three years for very serious injuries. (Law No. 138, art. 1(3), replacing article 590-bis, paragraph 1, of the Criminal Code.)
The law also provides that anyone who, while driving a pleasure vessel in a state of alcoholic intoxication or psychophysical alteration resulting from the intake of narcotic or psychotropic substances, causes personal injury through negligence to someone is punishable by imprisonment for three to five years for serious injuries and four to seven years for very serious injuries. (Law No. 138, art. 1(3), replacing article 590-bis, paragraph 2, of the Criminal Code.) The same penalty applies to the driver of a pleasure vessel, who, in a state of alcoholic intoxication causes serious or very serious personal injury to someone through negligence. (Law No. 138, art. 1(3), replacing article 590-bis, paragraph 3, of the Criminal Code.)
Also, anyone who, while driving a pleasure vessel in a state of alcoholic intoxication, causes personal injury through negligence to someone is punishable by imprisonment for one year and six months to three years for serious injuries and two to four years for very serious injuries. (Law No. 138, art. 1(3), replacing article 590-bis, paragraph 4, of the Criminal Code.) The penalty is increased if the act is committed by a person without a required or with a suspended or revoked boating license, or if the recreational vessel is the property of the perpetrator of the crime and does not have mandatory insurance. (Law No. 138, art. 1(3), replacing article 590-bis, paragraph 6, of the Criminal Code.)
If the driver of the recreational vessel causes injuries to more than one person, the penalty imposed for the most serious of the violations committed is applied, increased by up to three times, but the penalty cannot exceed seven years. (Law No. 138, art. 1(3), replacing article 590-bis, paragraph 8, of the Criminal Code.)
Dante Figueroa, Law Library of Congress
November 17, 2023
Read more Global Legal Monitor articles.